The Home Care Rules for Medicaid

Rules for Medicaid for seniors are changing

The rules for Medicaid for seniors are changing drastically

Prepare yourself with the correct paperwork in the correct order

Prepare yourself with the correct paperwork in the correct order

Take action now, before the draconian Medicaid changes go into effect

For someone in need of round-the-clock care, this can cost over $ 250,000 a year, which can quickly consume an individual’s savings. “

– Lori Somekh

QUEENS, NEW YORK, USA, August 16, 2021 / – What is happening: HUGE changes to Medicaid Home Care – New rules for Medicaid Home Healthcare

New York is about to introduce a 30-month review period and other serious restrictions on Medicaid Home Care.

What is the deadline: December 31, 2021 – then all asset transfers, papers, and Medicaid applications must be fully completed and filed with the state. It is therefore important to act now.

Why This Is Important: You may not be able to get the care you need to keep yourself or your loved ones in their homes without wiping out their savings. Medicaid’s home care rules will be more like the rules for nursing homes.

Why you need to get started now: Because the process takes time and you don’t have time.

Major Changes to Medicaid Rules for Seniors
Seniors and disabled people in New York in need of home care will see some very big barriers to getting Medicaid paid for for that care after the end of this year. Last year, New York decided to make major cuts to the Medicaid home care program. These cuts have not yet been implemented due to the state of emergency caused by COVID-19. However, a significant provision is expected to be implemented from January 1, 2022 – the new lookback period.

The average cost of private home nursing provided by an agency is approximately $ 30 / hour. For someone in need of round-the-clock care, it can cost over $ 250,000 a year, which can quickly consume a person’s savings. Since neither private health insurance nor Medicare pays for this important type of care, the only option is to either pay privately or to ask the Medicaid program to pay. While this was not the original intent of the Medicaid program when it came into effect in 1965, it has become the standard method of coverage for long-term care for the elderly and the disabled.

To date, New York has always made it possible for people in need of home care to protect their savings by transferring assets to a trust or family member and then immediately applying for home care from Medicaid. Unlike Medicaid coverage for nursing homes, Medicaid didn’t look back five years to see if the person transferred assets to qualify for Medicaid. This enabled seniors and disabled people to get the care they needed without losing everything they deserved all their lives.

Under the new law, Medicaid’s home care as we know it will change. A 30-month review period applies to applications submitted after December 31, 2021. This means that the agency will review the applicant’s records for the past 30 months to see if any assets have been transferred during that period and if so, those transfers will be penalized. They take the transfer amount and divide it by the regional divisor (e.g. in NYC that divisor is currently $ 13,037) and find the number of months they have not paid for the care. For example, if the applicant deposited $ 100,000 within the review deadline, they would divide 100,000 by 13,037 and impose a 7.7 month penalty period.

In addition, there are several other changes to the program that make it more difficult to qualify for home care, such as regulations and the requirement that medical forms be completed by independent practitioners rather than the applicant’s own doctor. The state has made so many drastic changes that they are still figuring out how to implement them. However, they will be implemented soon.

To be clear, these changes will effectively deny care to those in need. However, there is a very small window of time for someone who is now in need of care to comply with the existing rules. If a person now has assets and needs care, applications will continue to be processed without a review period, provided that transfers are made and the application is made before the end of the year. That said, it takes time to draft trusts, transfer assets, transfer housing income, and compile medical and other records to file a home care application. Therefore, for anyone with a fortune now and needing home care, it is time to take advantage of this small window of opportunity.

Not only is this process time consuming, but senior lawyers may be behind during this pressure to get help to the people before the deadline that appears. If you need home care you should act immediately.

You must act now. Contact us today to discuss your options and the steps you need to take right away. There is no time to waste. The initial consultation is free of charge. You owe it to yourself and your loved ones.

TELEPHONE: 718-740-3300
BY EMAIL: [email protected]

Lori Somekh
NY Senior Rights Group
+1 718-740-3300
[email protected]
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August 16, 2021, 10:45 GMT

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